Current through Register Vol. XLI, No. 36, September 6, 2024
Section 58-35-1 - General1.1. Scope. -- This legislative rule governs the access to all state forests by operators seeking to drill for and produce oil and gas. This rule recognizes that the rights of the State as surface owner when the minerals are owned by others are governed by the terms of the severance deeds or leases, and by the "fairly necessary" common law doctrine as tempered by the "contemplation of the parties" doctrine. However, this rule recognizes that state forests are unique publicly owned lands that are an important resource for silvicultural and scientific research; developed and undeveloped outdoor recreation; propagation of forest trees, fish and wildlife; wildlife and fisheries management; aesthetic preservation; hunting and fishing; timber production; and demonstration of state-of-the-art forestry management and, therefore, should be managed on a multiple-use basis.1.2. Authority. -- W. Va. Code §§ 20-1-7(30) and 20-5-22.1.3. Filing Date. -- April 3, 2008.1.4. Effective Date. -- May 1, 2008.